(a) Interference with Persons, Improvements, Public and Private Property and Utilities. The Company's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall:
(1) Not endanger or interfere with the health, safety or lives of persons;
(2) Not interfere with any improvements the Village, County or State may deem proper to make;
(3) Not interfere with the free and proper use of public streets, alleys, bridges, easements or other public ways, places or property, except to the minimum extent possible during actual construction or repair;
(4) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repair;
(5) Not obstruct, hinder or interfere with any gas, electric, water or telephone facilities or other utilities located within the Village.
(b) Restoration to Prior Condition. In case of any disturbances of pavement, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by Council, replace and restore all paving, sidewalk, driveway, landscaping or surface of any street or alley disturbed, in as good condition as before the work was commenced and in accordance with standards for such work set by Council and the municipal laws of the Village.
(c) Erection, Removal, and Common Uses of Poles.
(1) No poles or other wire-holding structures shall be erected by the Company without prior approval of the Village with regard to location, height, type and any other pertinent aspect. However, no location of any pole or wire-holding structure of the Company shall be vested interest and such poles or structures shall be removed or modified by the Company at its own expense whenever the Village determines that the public convenience would be enhanced thereby.
(2) Where poles or other wire-holding structures already existing for use in serving the Village are available for use by the Company, but it does not make arrangements for such use, the Village may require the Company to use such poles and structures if it determines that the public convenience would be enhanced thereby and the terms of the use available to the Company are just and reasonable.
(3) Where a public utility serving the Village desires to make use of the poles or other wire-holding structures of the Company, but agreement thereof with the Company cannot be reached, the Village may require the Company to permit such use for such consideration and upon such terms as the Village shall determine to be just and reasonable, if the Village determines that the use would enhance the public convenience and would not unduly interfere with the Company's operations.
(d) Relocation of the Facilities. In the event that at any time during the period of this contract, the Village, County, or State shall lawfully elect to alter, or change the grade of any street, alley or other public ways, the Company, upon reasonable notice by the proper authority shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(e) Cooperation with Building Movers. The Company shall, on the request of any person holding a building moving permit issued by the Village, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to require such payment in advance. The Company shall be given not less than forty-eight hours advance notice to arrange for such temporary wire changes. .
(f) Tree Trimming. The Company shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place, or on a public right of way without prior notification to the Village. Regardless of who performs the work requested by the Company, the Company shall be responsible, shall defend and hold the Village harmless for any and all damages to any tree as a result of trimming, or to the land surrounding any tree whether such tree is trimmed or removed.
(g) Easements. All necessary easements over and under private property shall be arranged for by the subscriber.
(Ord. 12- 83. Passed 2-15- 83.)